공유물분할
1. Attached Table 1 appraisal map among the 66,176§³ of N-si, Namwon-si, 8,9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 57, 56, 55, 54, 54;
1. In addition to the purport of the entire pleadings in the statement No. 1 and No. 8, the Plaintiff and the Defendants, as to the forest of this case, acknowledged that they were co-owners possessing the co-ownership shares indicated in the “share prior to partition” in the separate sheet No. 3, and since no agreement was reached between the Plaintiff and the Defendants on the method of partition of the forest of this case, the Plaintiff may file a claim against the Defendants for partition of the forest of this case.
2. Method of partition of co-owned property;
A. Division of a co-owner's jointly-owned property may be selected at will if the co-owners reach an agreement, but if the co-owner divides the jointly-owned property through a trial due to the failure to reach an agreement, the court shall, in principle, divide it in kind. The court may order the auction of the goods only when it is impossible to divide it in kind or when the value of the property is significantly decreased if it is divided in kind. Thus, barring the above circumstances, the court shall render a judgment that recognizes the sole ownership of each co-owner for the divided property by dividing the jointly-owned property into several goods in kind, as it is, according to the ratio of shares
In addition, the method of division is not a method requested by the parties, but a reasonable division is made according to the share ratio of co-owners according to the court’s discretion, depending on the overall circumstances of the things that are the objects of the division. If multiple people divide an object jointly in kind, it is permitted to divide the forest in kind within the share limit of the co-owners and the remaining co-owners who do not want the division are allowed to remain in common (see, e.g., Supreme Court Decision 2014Da233428, Mar. 26, 2015). In light of such legal principles, the forest in this case can not be divided in kind, unless there are special circumstances to deem that the forest in this case cannot be divided in kind.